Research On The System Of Police Testimony In Court

In the countries of Anglo-American legal system,it is already a normal state for the police to testify in court.However,in the judicial practice of China,it is not common for the police to go directly to the court to participate in the trial.The investigating transcripts or related statements are often used to replace the police's testimony in court.The police who is responsible for investigating the case could directly participate in the trial.It is not only conducive to improving the efficiency of litigation,but also guaranteeing the right of cross-examination of both the prosecution and the defense.It is also an inevitable requirement for realizing the substantive of the trial and reflecting the procedural fairness.However,judging from the current situation,the police's testimony in court is still in its primary stage in China,and there are certain obstacles in both theory and practice.First of all,this paper expounds the meaning,theoretical basis,entity value and procedural value of the police testimony system.Secondly,it compares the similarities and differences between the law of the Anglo-American law system and the civil law system on the police's testimony in court,and then it summarizes the beneficial points to China in terms of identity definition and protection measures.Thirdly,it analyzes the hot issues of the police testimony system in the Chinese academic area,that is,if the definition of the identity of the police testimony system,the difference between the ordinary witnesses and the police testimony system,the burden of proof responsibility and the "statement" issued by the police can replace the police to testify in court.On this basis,this paper analyzes the problems and reasons of the police's testimony in court in combination with the current situation of China's legislation and judicial practice.Finally,this paper puts forward some specific suggestions for improving the Chinese police's testimony system in court.First,in the legislation,it is necessary to clarify the identity of the police witnesses who testify in court.Legislation should ensure that the police enjoy the same rights and obligations as ordinary witnesses;second,through the law to enumerate the circumstances and restrictions of the police to testify in court,in response to the limitations of the police force in the trial practice and the contradiction between the police and the court testimony;third,unify the procedures for police to testify in court from the aspects of initiation,notification,and trial;fourth,improve the security mechanism for police to testify in court,including four aspects of the security guarantee mechanism,economic security mechanism,job security mechanism and violation of the obligation sanctions mechanism,to further enhance the enthusiasm of the police to testify in court;fifth,strengthen the professional training of the police to testify in court to achieve the best results to support the public prosecution.